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Opinion Editorial: Montana Ag Needs Action on CSKT Water Compact

Thursday, May 24, 2018/Categories: Popular Posts, General News, Today's Top 5, Opinions

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Opinion Editorial: Montana Ag Needs Action on CSKT Water Compact
by John Youngberg, Montana Farm Bureau Federation Executive Vice President and Jay Bodner, Montana Stockgowers Association Interim Executive Vice President


Water rights are the cornerstone of our agricultural economy. Without certainty, protection for existing water right holders, and a plan to define the federally reserved water rights of the tribes, Montana’s water users would be forced to foot the bill for decades of costly litigation and risk losing their existing water rights.

That’s why we support the CSKT Water Compact and why we believe it is critical that our Congressional delegation act now to ratify the agreement that was passed by the Montana State Legislature in 2015. Without action on the Compact, the consequences for water users, farmers, and ranchers will be dire.

By defining the federally reserved water rights held in trust, the Compact settles claims the CSKT have on existing water rights. Without the Compact, the CSKT would have to act on their claims in the Montana Water Court—claims that would impact thousands of Montana farmers, ranchers, and irrigators. A majority if not all of the CSKT claims are in areas where state-based water users have also filed claims. Without the Compact, individual farmers and ranchers will have to defend their water rights in court or risk losing them entirely—a process that in most cases will require hiring lawyers and isn’t cheap.

The process of resolving all of those claims would drag on for decades and cost the agricultural community millions of dollars in the process—potentially impacting the financial viability of individual farm and ranch operations across our state that can’t afford to spend tens of thousands of dollars for attorneys and court costs.

Without the CSKT Water Compact, Montana taxpayers would also shoulder a large portion of the litigation costs, which will heap yet another expense onto the backs of our agriculture producers. If the CSKT is forced to act on its claims, taxpayers across our state would pay a minimum of $73 million to provide the Water Court with the funding necessary to address the massive number of water rights cases. Montana’s agriculture industry simply can’t afford to leave these claims unresolved.

The negotiating parties worked for decades to produce an agreement that protects agriculture and other state-based water rights and we applaud the Legislature for approving it.

The Compact is a fair and equitable compromise that will serve the best interests of Montana’s agriculture community and save taxpayer dollars. The choice here is simple—progress or paralysis.

* * * * * * * * * 

John Youngberg lives in Belgrade and has worked on the staff of Montana Farm Bureau Federation for 26 years,
serving as Executive Vice President since 2014.  MFBF is Montana’s largest farm and ranch organization,
with more than 21,000 member families.

Jay Bodner lives in Helena and has worked in natural resources for Montana Stockgrowers Association for 16 years,
currently serving as MSGA Interim Executive Vice-President.  MSGA is Montana’s largest beef industry 
organization, working on behalf of Montana’s cattle ranching families since 1884.

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3 comments on article "Opinion Editorial: Montana Ag Needs Action on CSKT Water Compact"

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Sally Tucker

5/25/2018 2:58 PM

Thinking it might be time for Mr Youngberg and Mr Bodner to retire (Or at least reveal how much the CSKT promoters are paying them to push this unconstitutional federal meddling in Montana water rights)

If this is passed at the federal level, the feds get control of our waters, and then give the tribe control over our livelihoods, in direct violation of Montana State Constitution, as well as US Constitution.

Anyone remember those little documents, which are the Rule of Law for our land?

IMHO, if this compact passes, expect the lawsuits to explode and tie up our producers and lands for years to come.

IMHO, the Farm Bureau and Stockgrowers need tk listen to their own members, since apparently they haven't got the memo that those farmers and ranchers are against this illegal taking of water (and resulting property) rights.


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Dan Salomon

5/26/2018 8:07 AM

This unconstitutional charge that Compact opponents love to rail on has been tried in Court and has failed spectacularly. The unconstitutional argument is nothing but propaganda.

The Compact (which is supported by a significant majority of both MFB and MSGA members) allows thousands of tribal claims to be forfeited by the CSKT. Without the Compact, the CSKT have Senior water right claims on streams and rivers in over 2/3 of Montana. This forfeiture by the CSKT is an incredible benefit for Montana farmers and ranchers.

Thank you to Mr. Youngberg and Mr. Bogner for putting out some real facts.


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Howard G Newman

5/27/2018 11:19 PM

The CSKT compact is a crooked deal for Montana and all of agriculture.

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